Pittman v. County of Madison

In section 1983 action by plaintiff-prisoner alleging that defendants-prison guards were deliberately indifferent to his medical needs, where said officers had failed to prevent his attempted suicide, Dist. Ct. did not err in failing to admit videotaped statement of plaintiff’s witness, who indicated that defendants had ignored plaintiff’s requests to see members of jail’s crisis staff shortly before plaintiff’s attempted suicide. Defendant’s counsel had previously stipulated to not objecting to admission of statement, which was made three hours after suicide attempt, and exclusion of statement was prejudicial, where: (1) although witness testified at trial, witness had poor recollection of incident; (2) videotaped statement included damaging statements about what defendants knew immediately prior to plaintiff’s attempted suicide; and (3) evidence at trial was closely balanced. Fact that statement constituted hearsay evidence did not require different result, since: (1) defendant had stipulated to its admission; and (2) agreements to waive hearsay objections are enforceable. (Dissent filed.)